NIRMAL KUMAR GHOSH Vs. SUB DIVISIONAL MAGISTRATE JAMSHEDPUR

JUDGEMENT

(1.) ORDER :-- In all these writ applioations the petitioners have challenged the orders passed by the Jamshedpur Notified Area Committee in purported exercise of power under Section 194 of the Bihar and Orissa Municipal Act and for declaration that the demolition of the tenanted premises by the said eommittee is absolutely illegal, arbitrary, malafide and against the law.

(2.) I would first like to state in brief the facts of case of the writ petitioners :CWJC No. 1835/99(R) : In this case the petitioner is a partnership firm carrying on hard-ware business. The petitioner is in occupation of a portion of the building premises under respondent No. 2-landlord. Petitioner's case is that previously he was inducted as a tenant in the said house by the erst while owner and landlord Mr. V.J. Pathak. The building was jointly purchased by Pasan Ben Adesara and Kanchan Ben Adesara by a sale deed dated 3-3-87. Subsequently Pasan Ben Adesars executed a deed of relinquishment on 26-9-95 in favour of respondent No.2 and after becoming full owner of the building, respondent No. 2 started disturbing the petitioner in order to evict him from the premises. It is stated that respondent No.2 through her husband connived with the officers of the Jamshedpur Notified Area Committee to demolish the building and take possession of the demolished sturucture. On 9-7-99 about 200 labourers along with the officers of the Jameshedpur Notified Area Committee came to site and started demolishing the building. It is started that a protion of the roof of the office was partly demolished but due to intervention of the subdivisional Magistrate further demolition was stopped. Petitioner's case is that the condition of the building is not dilapidated and no inquiry was made in presence of the petitioner to ascertain the condition of the building and no ontice, whatsoever was given under Section 194 of the Municipal Act to the petitioner.

(3.) Jamshedpur Notified Area Committee which has been made respondent No. 1 has filed a counter affidavit stating, inter alia, that an order under Section 194 of the Municipal Act was passed on. 2-7-99 and on the the basis of that order demolition was carried on. It is further stated that demolition order was passed after due notice and due compliance of legal provisions of the Municipal Act.